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International Trade
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May 24, 2013
Obama Taps Republican Ex-NY Congresswoman For CPSC
President Barack Obama on Thursday nominated former Republican Rep. Ann Marie Buerkle of New York to serve on the U.S. Consumer Product Safety Commission, which could simultaneously expedite the confirmation of a trial attorney's delayed nomination to the same commission, the White House said.
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May 24, 2013
Senate Confirms Brooklyn Law Prof., Commerce Atty To CIT
The U.S. Senate on Thursday confirmed Brooklyn Law School professor Claire R. Kelly and U.S. Department of Commerce deputy chief counsel Mark A. Barnett to judgeships on the U.S. Court of International Trade.
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May 24, 2013
Law360 Names 10 FCPA Powerhouse Firms
Many savvy law firms boast their expertise in Foreign Corrupt Practices Act matters, but an elite group of 10 firms have emerged as true leaders in the fast-growing field, earning them a spot on Law360’s inaugural list of FCPA Powerhouses.
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May 24, 2013
ITC Will Probe Claims Satellite Co. Violated Settlement
The U.S. International Trade Commission said Friday it would look into allegations that DeLorme InReach LLC breached a consent agreement with BriarTek IP Inc. by continuing to import goods that infringe a satellite tracking patent.
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May 24, 2013
Apple Says LSI Ruling Boosts Defense In Samsung ITC Row
Samsung Electronics Co. Ltd. leveraged its complaint against Apple Inc. in the U.S. International Trade Commission to try and extract higher royalties for its standard-essential patents, behavior rebuffed in a recent ruling against LSI Corp., the iPhone maker said Wednesday.
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May 24, 2013
Some S. Korea Trade Hurdles Remain Despite Pact, ITC Says
The year-old trade pact between the U.S. and South Korea has benefited American manufacturing and agriculture exporters, but long-term benefits may be limited by nontariff measures and administrative costs, the U.S. International Trade Commission said in a report Friday.
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May 24, 2013
Ex-Smith & Nephew Exec Loses Sanctions Bid In FCA Suit
A Tennessee federal judge Thursday denied an ex-Smith & Nephew Inc. executive's bid to sanction the medical device maker for failing to produce data in a False Claims Act suit alleging it misrepresented the country of origin of products sold to the government, finding the information sought isn't available.
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May 24, 2013
Nokia Files ITC Complaint Against HTC In Global Patent Row
Nokia Corp. filed a second complaint Thursday against HTC Corp. in the U.S. International Trade Commission, alleging the Taiwanese smartphone maker has infringed six of its patents.
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May 23, 2013
DC Circ. Urged To Toss Challenge To OSHA Hazmat Regs
A union for Goodyear Tire & Rubber Co. employees on Tuesday urged the D.C. Circuit to deny an effort to overturn U.S. Occupational Safety and Health Administration rule revisions that say government-mandated hazardous materials warnings do not preempt personal injury suits.
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May 23, 2013
New Bill Saps States Of Chemical Safety Oversight Powers
Under the chemical safety reform bill unveiled Wednesday, states and cities would give up to the U.S. Environmental Protection Agency nearly all of their ability to ban dangerous chemicals or require safety testing, and the little power they did preserve would be prone to challenges from chemical makers.
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May 23, 2013
EU Votes To Steer Clear Of Film, TV In US Trade Talks
The European Parliament voted Thursday to begin talks on a U.S.-European Union free trade agreement, but called for the negotiations not to address the film and television industries.
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May 23, 2013
Microsoft Wins Xbox Patent Battle At ITC With Motorola
The U.S. International Trade Commission ruled Thursday that Microsoft Corp. didn't infringe a patent owned by Google Inc. subsidiary Motorola Mobility when it manufactured the popular video gaming brand Xbox.
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May 23, 2013
Dow Sues Rival For Importing Patented Paint Ingredient
The Dow Chemical Co. on Monday filed a complaint in the U.S. International Trade Commission alleging a competitor operating in Turkey and the Netherlands is importing into the U.S. patent-infringing opaque polymers, ingredients used in paint.
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May 23, 2013
EU To Seek Investment Pact With China
The European Union said Thursday it would seek the permission of its 27 member states to negotiate a bilateral investment treaty with China — a trading partner Europe frequently has sparred with in recent years.
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May 23, 2013
Canada Rips US After Meat-Labeling Changes
After the U.S. on Thursday finalized new country-of-origin meat-labeling rules aimed at complying with a World Trade Organization ruling that found the old rules discriminated against Mexican and Canadian exporters, Canada quickly said the U.S. hadn't done enough.
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May 23, 2013
FDA Bans Certain Imports From Indian Drugmaker Wockhardt
The U.S. Food and Drug Administration on Wednesday blocked certain imports from India-based drugmaker Wockhardt Ltd. after inspections allegedly turned up violations of good manufacturing practices.
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May 23, 2013
MoFo Eyes Singapore For FCPA Practice Growth
Morrison & Foerster LLP has shifted a top Foreign Corrupt Practices Act partner to Singapore to expand its anti-corruption and bribery expertise for clients in the so-called Association of Southeast Asian Nations, the firm said Monday.
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May 23, 2013
Exporter Calls CIT Judge Biased In Fee Ruling
A China-based magnesium exporter Wednesday said a Court of International Trade judge was biased when he ordered the company to cover a portion of the litigation fees and costs incurred by the U.S. Department of Commerce and U.S. Magnesium LLC in a case challenging anti-dumping duties.
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May 23, 2013
US Should Sanction Foreign Cos. For IP Theft, Report Says
The U.S. response to the rampant theft of American intellectual property, especially by Chinese business and governmental entities, is inadequate, and new measures such as sanctions on foreign companies that use stolen IP are needed, a bipartisan commission said Wednesday.
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May 22, 2013
Nintendo Wants Review Of Patent Claim Ruling In Wii IP Row
Nintendo Co. Ltd. argued Wednesday that the U.S. International Trade Commission’s chief administrative law judge had not properly considered its arguments to invalidate a patent claim by an interactive game company accusing Nintendo's Wii products of infringing three patents.
Expert Analysis
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What Exporters Need To Do Before Oct. 15
With less than five months to go until the first round of changes instituting the Export Control Reform Initiative becomes effective, U.S. exporters must get their houses in order. From export classifications to licenses to training, companies must start adjusting now, say attorneys with Nixon Peabody LLP.
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LNG Export Moratorium Has Ended — What Now?
The U.S. Department of Energy's recent order ending a nearly two-year moratorium on liquefied natural gas export approvals provides important insight into how the department will consider pending and future export applications. However, it also raises many questions and indicates that the DOE will not back down from its controversial position on its authority, say attorneys with Day Pitney LLP.
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4 UK Bribery Act Myths — Debunked
The U.K. Bribery Act is somewhat complicated. Not surprisingly, therefore, misperceptions have arisen regarding its provisions, especially regarding the requirements, scope and exclusivity of Section 7 corporate liability, says Eli Richardson of Bass Berry & Sims PLC.
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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Unprecedented FCPA Wake-Up Call For US Broker-Dealers
The extraordinary criminal bribery charges against two registered representatives of a U.S. broker-dealer and a high-level Venezuelan government official highlight that a broker-dealer’s anti-money laundering procedures, as well as oversight of their registered people, should have a Foreign Corrupt Practices Act component if the firm is doing international business, say attorneys with Duane Morris LLP.
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A Roadmap For Navigating The Revised USML And CCL
Following six steps will help exporters evaluate the export control classifications of their products under the revised U.S. Munitions List and Commerce Control List, say attorneys with Nixon Peabody LLP.
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K-V Case Tests Limits Of ITC Jurisdiction
As illustrated by the recent K-V Pharmaceutical Co. case, the U.S. International Trade Commission will likely closely review complaints that could usurp the power of another federal agency and potentially undermine that agency's application of its own rules, say Eric Fues and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.
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More DOJ Use Of Cooperating Witnesses In Corruption Cases
The emergence of a cooperating witness begins to complete the puzzle of the scheme to defraud and catapults the investigation to new heights. A recent arrest by the FBI in an ongoing Foreign Corrupt Practices Act investigation appears to follow this same modus operandi, says Douglas Small of Berkeley Research Group LLC.
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4 Takeaways From 2nd Highest FCPA Penalty
A New York federal court recently entered a final judgment against a former Siemens AG executive for his alleged role in a purported $100 million bribery scheme for Siemens to obtain a $1 billion contract from Argentina. Third-party sham contracts continue to be a prevalent theme in the alleged facts contained in corruption enforcement filings and resolutions, say attorneys with Fulbright & Jaworski LLP.
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10 Steps To Effective Anti-Corruption Compliance
In order to implement the Foreign Corrupt Practices Act resource guide's critical instructions for corporate boards, senior executives and compliance professionals for designing an “effective” anti-corruption compliance program, companies must tackle 10 essential tasks, says Michael Volkov of The Volkov Law Group LLC.